In a significant development for students seeking to study in Canada, the Federal Court of Canada has introduced the Study Permit Pilot Project, aimed at speeding up the process for reviewing rejected study permit applications. This initiative, set to begin on October 1, is designed to streamline the current judicial review process, significantly reducing the time required to complete the review.
Under the new pilot, individuals who apply for leave and judicial review of their rejected study permit may see their cases resolved in under five months, compared to the current processing time of 14 to 18 months. Typically, the process involves a judge first determining whether to grant leave to proceed with the judicial review. If granted, the case is then assessed on its merits. The new pilot, however, merges these two steps, allowing for a more efficient process.
There is no additional fee to participate in the pilot, aside from the standard $50 fee for filing an application for leave and judicial review.
Eligibility Criteria for the Pilot Project
To qualify for the Study Permit Pilot Project, applicants must meet the following criteria:
- The applicant must have applied for a study permit and received a refusal letter from Immigration, Refugees and Citizenship Canada (IRCC).
- Both the applicant and IRCC must opt-in to the pilot.
- The facts of the case must be straightforward, with no legal issues such as inadmissibility or national security concerns.
- The applicant must not request an extension of time to file the Application for Leave.
- No new evidence in the form of affidavits is allowed under this pilot.
- Study permit applicants within Canada have 15 days from receiving their refusal to apply, while those outside Canada have 60 days.
All necessary documents must be submitted through the court’s electronic filing system, and applicants must specify their participation in the pilot in three parts of the application.
Why Was This Initiative Launched?
The Federal Court and IRCC have initiated this project in response to a dramatic increase in immigration-related legal filings. The court is projected to receive 24,000 immigration filings by the end of 2024, nearly four times the average seen in the five years leading up to the pandemic.
This move follows a series of policy changes aimed at managing the number of international students in Canada. In 2024, IRCC introduced a cap on the number of study permits, limiting the issuance to 485,000. This measure, along with the pilot project, reflects the government’s broader strategy to balance immigration targets with domestic concerns such as housing and affordability.
These changes, along with others announced by Immigration Minister Marc Miller, including further reductions in study permit targets and adjustments to post-graduation work permits, underscore Canada’s evolving immigration landscape.